Competition Law

There are a number of important intersections between public procurement and competition law. Perhaps the most obvious concerns breaches of competition law which can occur in procurement markets. The issue of bid-rigging in public tenders is a major focus of competition regulators.

There is also the related question of the general principle of competition, something which appears to underpin the whole purpose of the procurement rules but the parameters (and even existence) of which is debated (see, e.g. the detailed discussion of the Irish Court of Appeal in Word Perfect Translation Services Limited v Minister for Public Expenditure and Reform [2025] IECA 45).

While unlikely to arise as an issue in the vast majority of cases, there is also the question whether competition law proper could apply to a contracting authority itself. That will depend on whether the authority comes within the meaning of an ‘undertaking’, an issue which has given rise to extensive case law.

This section aims to focus on the more significant areas of intersection between public procurement and competition law and addresses questions such as:

• What are the most common types of bid rigging in procurement markets?
• What signs of potential collusion should a contracting authority be alive to?
• Are there particular measures which can be taken to prevent bid rigging or lessen the likelihood of it arising?
• What official guidance exists for contracting authorities on breaches of competition law?
• When might a contracting authority itself be subject to competition law?
• Is there a general principle of competition in EU law?
• If so, what are its parameters?